QUESTION PRESENTED: Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule. ★ Su…

QUESTION PRESENTED: Whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges m…

QUESTION PRESENTED: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: (1) Whether the state’s suppression of the key prosecution witness’ admission that he was under the care of a psychiatrist and failure to correct that witness’ false testimony about that care and related diagnosis violate the due process of law under Brady v. Maryland and Napue v. Illinois; (2) whether the entirety of the suppre…

QUESTION PRESENTED: (1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and (2) whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a…

QUESTION PRESENTED: (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional …

QUESTION PRESENTED: Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: (1) Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to 28 U.S.C. § 1331; and (2) whether such a post-removal amendment of a complaint precludes a district court from exercising supplemental jurisdiction over the plaintiff’s remaining state-la…

A conversation with the legendary Jesper Kyd about his music for the Hitman series! Additionally, we discuss his early years and working for the SEGA Genesis. Hitman vinyl releases: https://www.lacedrecords.co/collections/hitman Twitch: https://twitch.tv/GreenTeaRoomsAf Lee Tyrrell

A whole new live show! My Terry Scott Taylor interview: https://leetyrrell.medium.com/terry-scott-taylor-the-neverhood-interview-4dbb5cfb3de?sk=525957b72259f37e073c76529650bc2a Twitch: https://twitch.tv/greentearoomsAf Lee Tyrrell

QUESTION PRESENTED: Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it. ★ Support this pod…

QUESTION PRESENTED: Whether courts must evaluate the National Labor Relations Board’s requests for injunctions under Section 10(j) of the National Labor Relations Act using the traditional, stringent, four-factor test for preliminary injunctions or some other more lenient standard. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a) (A)(ii) suffices to provide…

QUESTION PRESENTED: Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the U.S. Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. Washington when it disregarded the district court’s factual and credibility findings and excluded evidence in aggravation and the state’s rebuttal when it reversed t…

QUESTION PRESENTED: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether Fourth Amendment malicious-prosecution claims are governed by the charge-specific rule, under which a malicious prosecution claim can proceed as to a baseless criminal charge even if other charges brought alongside the baseless charge are supported by probable cause, or by the “any-crime” rule, under which probable cause…

QUESTION PRESENTED: Whether section 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions. ★ Support this podcast on Patreon ★Af Austin Songer

An insightful and wide-reaching talk with Vincent Diamante about his work for thatgamecompany, and so much more! Interview start: 2:58 Also available through: YouTube iTunes Spotify Stitcher and many more...Af Lee Tyrrell

QUESTION PRESENTED: Whether the proceeds of a life-insurance policy taken out by a closely held corporation on a shareholder in order to facilitate the redemption of the shareholder’s stock should be considered a corporate asset when calculating the value of the shareholder’s shares for purposes of the federal estate tax. ★ Support this podcast on …

QUESTION PRESENTED: Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: Whether respondents have Article III standing to challenge the Food and Drug Administration’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use; whether the FDA’s 2016 and 2021 actions were arbitrary and capricious; and whether the district court properly granted preliminary relief. ★ Support this p…

QUESTION PRESENTED: Whether the 60-day deadline in 5 U.S.C. § 7703(b)(1)(A) for a federal employee to petition the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board is jurisdictional. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the court should deny the motion by Texas, New Mexico, and Colorado for entry of a proposed consent decree that would resolve this dispute over the United States' claim as intervenors that New Mexico violated the Rio Grande Compact without the United States’ consent. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: (1) Whether the probable-cause exception in Nieves v. Barlett can be satisfied by objective evidence other than specific examples of arrests that never happened; and (2) whether Nieves is limited to individual claims against arresting officers for split-second arrests. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: Whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether in a prosecution for drug trafficking — where an element of the offense is that the defendant knew she was carrying illegal drugs — Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large …

QUESTION PRESENTED: Whether the First Amendment allows a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b) a perceived “general backlash” against the speaker’s advocacy. ★ Suppo…

QUESTION PRESENTED: (1) Whether respondents have Article III standing; (2) whether the government’s challenged conduct transformed private social media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper. ★ Support …

QUESTION PRESENTED: Whether, where parties enter into an arbitration agreement with a delegation clause, an arbitrator or a court should decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires “automatically more than one shot ... by a single function of the trigger.” ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: Whether the National Bank Act preempts the application of state escrow-interest laws to national banks. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether a district court may enter a criminal-forfeiture order outside the time limitations set forth in Federal Rule of Criminal Procedure 32.2. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech ‚Äî or otherwise burdening those editorial choices through onerous operational and disclosure requirements. ★ Support this podc…

QUESTION PRESENTED: (1) Whether the laws content-moderation restrictions comply with the First Amendment; and (2) whether the laws‚Äô individualized-explanation requirements comply with the First Amendment. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act‚Äôs statute of limitations for civil actions, 17 U.S.C. ¬ß 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: (1) Whether the court should stay the Environmental Protection Agency‚Äôs federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule. ★ Support this podcast on Patreon ★…

QUESTION PRESENTED: Whether, to be exempt from the Federal Arbitration Act, a class of workers that is actively engaged in interstate transportation must also be employed by a company in the transportation industry. ★ Support this podcast on Patreon ★Af Austin Songer

QUESTION PRESENTED: Whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot. ★ Support this podcast on Patreon ★Af Austin Songer

Issue(s): Whether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. ★ Support this podcast on Patreon ★…

Issue(s): Whether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. ★ Support this podcast on Patreon ★…

Issue(s): Whether the U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. ★ Support this podcast on Patreon ★…

Issue(s): Whether a person whose property is taken without compensation may seek redress under the self-executing takings clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action. ★ Support this podcast on Patreon ★Af Austin Songer

Issue(s): Whether the confrontation clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not…

Issue(s): Whether the appropriate remedy for the constitutional uniformity violation found by this court in Siegel v. Fitzgerald is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in U.S. Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospe…

Issue(s): Whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation. ★ Support this podcast on Patreon ★Af Austin Songer